United States Cold Storage Corp. v. First National Bank of Fort Worth

BOYD, Justice.

United States Cold Storage Corporation sued Rosenthal Packing Company, First National Bank of Fort Worth, hereinafter called National Bank, and North Fort Worth State Bank, hereinafter called State Bank. Judgment was rendered for the plaintiff against Rosenthal, but summary judgment was rendered for both banks. The plaintiff appeals from the summary judgment.

On May 11, 1960, appellant issued its check, drawn on National Bank, payable to Rosenthal in the amount of $30,000. The ■check, which represented a loan, was issued on Rosenthal’s assurance that it would on that day or the…